USA Supreme Court nominee, Judge Garland: a life of public service is as much a gift to the person who serves as it is to those he is serving
I found the speeches (remarks) of both USA President Obama as well as Judge Merrick Garland to be noble and uplifting. It also gave me some insight about how serious and vital the nomination of USA supreme court judges and the role of the USA supreme court is, to sustain USA democracy. I guess it would be similar in other democratic countries including India, though the nomination process may be significantly different. India does not seem to have any public hearing for appointment of a judge to the Indian supreme court.
Here's the youtube video, President Obama nominates Merrick Garland for Supreme Court, https://www.youtube.com/watch?v=t6EHfK_FEiE, around 26 mins
Some extracts from the associated transcript, Remarks by the President Announcing Judge Merrick Garland as his Nominee to the Supreme Court, https://www.whitehouse.gov/the-press-office/2016/03/16/remarks-president-announcing-judge-merrick-garland-his-nominee-supreme, dated March 16th 2016, are given below.
[USA President Obama:]
The men and women who sit on the Supreme Court are the final arbiters of American law. They safeguard our rights. They ensure that our system is one of laws and not men. They’re charged with the essential task of applying principles put to paper more than two centuries ago to some of the most challenging questions of our time.
...
And today, after completing this exhaustive process, I’ve made my decision. I’ve selected a nominee who is widely recognized not only as one of America’s sharpest legal minds, but someone who brings to his work a spirit of decency, modesty, integrity, even-handedness, and excellence. These qualities, and his long commitment to public service, have earned him the respect and admiration of leaders from both sides of the aisle. He will ultimately bring that same character to bear on the Supreme Court, an institution in which he is uniquely prepared to serve immediately.
Today, I am nominating Chief Judge Merrick Brian Garland to join the Supreme Court. (Applause.)
Now, in law enforcement circles, and the in the legal community at large, Judge Garland needs no introduction. But I’d like to take a minute to introduce Merrick to the American people, whom he already so ably serves.
He was born and raised in the Land of Lincoln -- in my hometown of Chicago, in my home state of Illinois. His mother volunteered in the community; his father ran a small business out of their home. Inheriting that work ethic, Merrick became valedictorian of his public high school. He earned a scholarship to Harvard, where he graduated summa cum laude. And he put himself through Harvard Law School by working as a tutor, by stocking shoes in a shoe store, and, in what is always a painful moment for any young man, by selling his comic book collection. (Laughter.) It's tough. Been there. (Laughter.)
Merrick graduated magna cum laude from Harvard Law, and the early years of his legal career bear all the traditional marks of excellence. He clerked for two of President Eisenhower’s judicial appointees -- first for a legendary judge on the Second Circuit, Judge Henry Friendly, and then for Supreme Court Justice William Brennan. Following his clerkships, Merrick joined a highly regarded law firm, with a practice focused on litigation and pro bono representation of disadvantaged Americans. Within four years, he earned a partnership -- the dream of most lawyers. But in 1989, just months after that achievement, Merrick made a highly unusual career decision. He walked away from a comfortable and lucrative law practice to return to public service.
Merrick accepted a low-level job as a federal prosecutor in President George H.W. Bush’s administration. He took a 50-percent pay cut, traded in his elegant partner’s office for a windowless closet that smelled of stale cigarette smoke. This was a time when crime here in Washington had reached epidemic proportions, and he wanted to help. And he quickly made a name for himself, going after corrupt politicians and violent criminals.
His sterling record as a prosecutor led him to the Justice Department, where he oversaw some of the most significant prosecutions in the 1990s -- including overseeing every aspect of the federal response to the Oklahoma City bombing. In the aftermath of that act of terror, when 168 people, many of them small children, were murdered, Merrick had one evening to say goodbye to his own young daughters before he boarded a plane to Oklahoma City. And he would remain there for weeks. He worked side-by-side with first responders, rescue workers, local and federal law enforcement. He led the investigation and supervised the prosecution that brought Timothy McVeigh to justice.
But perhaps most important is the way he did it. Throughout the process, Merrick took pains to do everything by the book. When people offered to turn over evidence voluntarily, he refused, taking the harder route of obtaining the proper subpoenas instead, because Merrick would take no chances that someone who murdered innocent Americans might go free on a technicality.
Merrick also made a concerted effort to reach out to the victims and their families, updating them frequently on the case’s progress. Everywhere he went, he carried with him in his briefcase the program from the memorial service with each of the victims’ names inside –- a constant, searing reminder of why he had to succeed.
Judge Garland has often referred to his work on the Oklahoma City case as, and I quote, “the most important thing I have ever done in my life.” And through it all, he never lost touch with that community that he served.
It’s no surprise then, that soon after his work in Oklahoma City, Merrick was nominated to what’s often called the second highest court in the land -- the D.C. Circuit Court. During that process, during that confirmation process, he earned overwhelming bipartisan praise from senators and legal experts alike.
...
Ultimately, Merrick was confirmed to the D.C. Circuit, the second highest court in the land, with votes from a majority of Democrats and a majority of Republicans. Three years ago, he was elevated to Chief Judge. And in his 19 years on the D.C. Circuit, Judge Garland has brought his trademark diligence, compassion, and unwavering regard for the rule of law to his work.
On a circuit court known for strong-minded judges on both ends of the spectrum, Judge Garland has earned a track record of building consensus as a thoughtful, fair-minded judge who follows the law. He’s shown a rare ability to bring together odd couples, assemble unlikely coalitions, persuade colleagues with wide-ranging judicial philosophies to sign on to his opinions.
And this record on the bench speaks, I believe, to Judge Garland’s fundamental temperament -- his insistence that all views deserve a respectful hearing. His habit, to borrow a phrase from former Justice John Paul Stevens, “of understanding before disagreeing,” and then disagreeing without being disagreeable. It speaks to his ability to persuade, to respond to the concerns of others with sound arguments and airtight logic. As his former colleague on the D.C. Circuit, and our current Chief Justice of the Supreme Court, John Roberts, once said, “Any time Judge Garland disagrees, you know you’re in a difficult area.”
At the same time, Chief Judge Garland is more than just a brilliant legal mind. He’s someone who has a keen understanding that justice is about more than abstract legal theory; more than some footnote in a dusty casebook. His life experience –- his experience in places like Oklahoma City –- informs his view that the law is more than an intellectual exercise. He understands the way law affects the daily reality of people’s lives in a big, complicated democracy, and in rapidly-changing times. And throughout his jurisprudence runs a common thread -– a dedication to protecting the basic rights of every American; a conviction that in a democracy, powerful voices must not be allowed to drown out the voices of everyday Americans.
To find someone with such a long career of public service, marked by complex and sensitive issues; to find someone who just about everyone not only respects, but genuinely likes –- that is rare. And it speaks to who Merrick Garland is -- not just as a lawyer, but as a man.
People respect the way he treats others -- his genuine courtesy and respect for his colleagues and those who come before his court. They admire his civic-mindedness -- mentoring his clerks throughout their careers, urging them to use their legal training to serve their communities, setting his own example by tutoring a young student at a Northeast D.C. elementary school each year for the past 18 years. They’re moved by his deep devotion to his family -- Lynn, his wife of nearly 30 years, and their two daughters, Becky and Jessie. As a family, they indulge their love of hiking and skiing and canoeing, and their love of America by visiting our national parks.
---
Extracts from Judge Garland's short speech (same link)
JUDGE GARLAND: Thank you, Mr. President. This is the greatest honor of my life -- other than Lynn agreeing to marry me 28 years ago. It’s also the greatest gift I’ve ever received except -- and there’s another caveat -- the birth of our daughters, Jessie and Becky.
As my parents taught me by both words and deeds, a life of public service is as much a gift to the person who serves as it is to those he is serving. And for me, there could be no higher public service than serving as a member of the United States Supreme Court.
My family deserves much of the credit for the path that led me here. My grandparents left the Pale of Settlement at the border of Western Russian and Eastern Europe in the early 1900s, fleeing anti-Semitism, and hoping to make a better life for their children in America. They settled in the Midwest, eventually making their way to Chicago.
There, my father, who ran the smallest of small businesses from a room in our basement, took me with him as he made the rounds to his customers, always impressing upon me the importance of hard work and fair dealing. There, my mother headed the local PTA and school board and directed a volunteer services agency, all the while instilling in my sister and me the understanding that service to the community is a responsibility above all others. Even now, my sisters honor that example by serving the children of their communities.
I know that my mother is watching this on television and crying her eyes out. (Laughter.) So are my sisters, who have supported me in every step I have ever taken. I only wish that my father were here to see this today. I also wish that we hadn’t taught my older daughter to be so adventurous that she would be hiking in the mountains, out of cell service range -- (laughter) -- when the President called. (Laughter.)
It was the sense of responsibility to serve a community, instilled by my parents, that led me to leave my law firm to become a line prosecutor in 1989. There, one of my first assignments was to assist in the prosecution of a violent gang that had come down to the District from New York, took over a public housing project and terrorized the residents. The hardest job we faced was persuading mothers and grandmothers that if they testified, we would be able to keep them safe and convict the gang members. We succeeded only by convincing witnesses and victims that they could trust that the rule of law would prevail.
Years later, when I went to Oklahoma City to investigate the bombing of the Federal Building, I saw up close the devastation that can happen when someone abandons the justice system as a way of resolving grievances, and instead takes matters into his own hands. Once again, I saw the importance of assuring victims and families that the justice system could work. We promised that we would find the perpetrators, that we would bring them to justice, and that we would do it in a way that honored the Constitution. The people of Oklahoma City gave us their trust, and we did everything we could to live up to it.
Trust that justice will be done in our courts without prejudice or partisanship is what, in a large part, distinguishes this country from others. People must be confident that a judge’s decisions are determined by the law, and only the law. For a judge to be worthy of such trust, he or she must be faithful to the Constitution and to the statutes passed by the Congress. He or she must put aside his personal views or preferences, and follow the law -- not make it.
Fidelity to the Constitution and the law has been the cornerstone of my professional life, and it’s the hallmark of the kind of judge I have tried to be for the past 18 years. If the Senate sees fit to confirm me to the position for which I have been nominated today, I promise to continue on that course.
Mr. President, it’s a great privilege to be nominated by a fellow Chicagoan. I am grateful beyond words for the honor you have bestowed upon me. (Applause.)
--- end extracts ----
Here's an interesting New York Times view of this nomination, Obama Chooses Merrick Garland for Supreme Court, http://www.nytimes.com/2016/03/17/us/politics/obama-supreme-court-nominee.html, dated March 16th 2016.
[I thank whitehouse.gov and have presumed that they will not have any objections to me sharing the above extracts from their website on this post which is freely viewable by all, and does not have any financial profit motive whatsoever.]
Here's the youtube video, President Obama nominates Merrick Garland for Supreme Court, https://www.youtube.com/watch?v=t6EHfK_FEiE, around 26 mins
Some extracts from the associated transcript, Remarks by the President Announcing Judge Merrick Garland as his Nominee to the Supreme Court, https://www.whitehouse.gov/the-press-office/2016/03/16/remarks-president-announcing-judge-merrick-garland-his-nominee-supreme, dated March 16th 2016, are given below.
[USA President Obama:]
The men and women who sit on the Supreme Court are the final arbiters of American law. They safeguard our rights. They ensure that our system is one of laws and not men. They’re charged with the essential task of applying principles put to paper more than two centuries ago to some of the most challenging questions of our time.
...
And today, after completing this exhaustive process, I’ve made my decision. I’ve selected a nominee who is widely recognized not only as one of America’s sharpest legal minds, but someone who brings to his work a spirit of decency, modesty, integrity, even-handedness, and excellence. These qualities, and his long commitment to public service, have earned him the respect and admiration of leaders from both sides of the aisle. He will ultimately bring that same character to bear on the Supreme Court, an institution in which he is uniquely prepared to serve immediately.
Today, I am nominating Chief Judge Merrick Brian Garland to join the Supreme Court. (Applause.)
Now, in law enforcement circles, and the in the legal community at large, Judge Garland needs no introduction. But I’d like to take a minute to introduce Merrick to the American people, whom he already so ably serves.
He was born and raised in the Land of Lincoln -- in my hometown of Chicago, in my home state of Illinois. His mother volunteered in the community; his father ran a small business out of their home. Inheriting that work ethic, Merrick became valedictorian of his public high school. He earned a scholarship to Harvard, where he graduated summa cum laude. And he put himself through Harvard Law School by working as a tutor, by stocking shoes in a shoe store, and, in what is always a painful moment for any young man, by selling his comic book collection. (Laughter.) It's tough. Been there. (Laughter.)
Merrick graduated magna cum laude from Harvard Law, and the early years of his legal career bear all the traditional marks of excellence. He clerked for two of President Eisenhower’s judicial appointees -- first for a legendary judge on the Second Circuit, Judge Henry Friendly, and then for Supreme Court Justice William Brennan. Following his clerkships, Merrick joined a highly regarded law firm, with a practice focused on litigation and pro bono representation of disadvantaged Americans. Within four years, he earned a partnership -- the dream of most lawyers. But in 1989, just months after that achievement, Merrick made a highly unusual career decision. He walked away from a comfortable and lucrative law practice to return to public service.
Merrick accepted a low-level job as a federal prosecutor in President George H.W. Bush’s administration. He took a 50-percent pay cut, traded in his elegant partner’s office for a windowless closet that smelled of stale cigarette smoke. This was a time when crime here in Washington had reached epidemic proportions, and he wanted to help. And he quickly made a name for himself, going after corrupt politicians and violent criminals.
His sterling record as a prosecutor led him to the Justice Department, where he oversaw some of the most significant prosecutions in the 1990s -- including overseeing every aspect of the federal response to the Oklahoma City bombing. In the aftermath of that act of terror, when 168 people, many of them small children, were murdered, Merrick had one evening to say goodbye to his own young daughters before he boarded a plane to Oklahoma City. And he would remain there for weeks. He worked side-by-side with first responders, rescue workers, local and federal law enforcement. He led the investigation and supervised the prosecution that brought Timothy McVeigh to justice.
But perhaps most important is the way he did it. Throughout the process, Merrick took pains to do everything by the book. When people offered to turn over evidence voluntarily, he refused, taking the harder route of obtaining the proper subpoenas instead, because Merrick would take no chances that someone who murdered innocent Americans might go free on a technicality.
Merrick also made a concerted effort to reach out to the victims and their families, updating them frequently on the case’s progress. Everywhere he went, he carried with him in his briefcase the program from the memorial service with each of the victims’ names inside –- a constant, searing reminder of why he had to succeed.
Judge Garland has often referred to his work on the Oklahoma City case as, and I quote, “the most important thing I have ever done in my life.” And through it all, he never lost touch with that community that he served.
It’s no surprise then, that soon after his work in Oklahoma City, Merrick was nominated to what’s often called the second highest court in the land -- the D.C. Circuit Court. During that process, during that confirmation process, he earned overwhelming bipartisan praise from senators and legal experts alike.
...
Ultimately, Merrick was confirmed to the D.C. Circuit, the second highest court in the land, with votes from a majority of Democrats and a majority of Republicans. Three years ago, he was elevated to Chief Judge. And in his 19 years on the D.C. Circuit, Judge Garland has brought his trademark diligence, compassion, and unwavering regard for the rule of law to his work.
On a circuit court known for strong-minded judges on both ends of the spectrum, Judge Garland has earned a track record of building consensus as a thoughtful, fair-minded judge who follows the law. He’s shown a rare ability to bring together odd couples, assemble unlikely coalitions, persuade colleagues with wide-ranging judicial philosophies to sign on to his opinions.
And this record on the bench speaks, I believe, to Judge Garland’s fundamental temperament -- his insistence that all views deserve a respectful hearing. His habit, to borrow a phrase from former Justice John Paul Stevens, “of understanding before disagreeing,” and then disagreeing without being disagreeable. It speaks to his ability to persuade, to respond to the concerns of others with sound arguments and airtight logic. As his former colleague on the D.C. Circuit, and our current Chief Justice of the Supreme Court, John Roberts, once said, “Any time Judge Garland disagrees, you know you’re in a difficult area.”
At the same time, Chief Judge Garland is more than just a brilliant legal mind. He’s someone who has a keen understanding that justice is about more than abstract legal theory; more than some footnote in a dusty casebook. His life experience –- his experience in places like Oklahoma City –- informs his view that the law is more than an intellectual exercise. He understands the way law affects the daily reality of people’s lives in a big, complicated democracy, and in rapidly-changing times. And throughout his jurisprudence runs a common thread -– a dedication to protecting the basic rights of every American; a conviction that in a democracy, powerful voices must not be allowed to drown out the voices of everyday Americans.
To find someone with such a long career of public service, marked by complex and sensitive issues; to find someone who just about everyone not only respects, but genuinely likes –- that is rare. And it speaks to who Merrick Garland is -- not just as a lawyer, but as a man.
People respect the way he treats others -- his genuine courtesy and respect for his colleagues and those who come before his court. They admire his civic-mindedness -- mentoring his clerks throughout their careers, urging them to use their legal training to serve their communities, setting his own example by tutoring a young student at a Northeast D.C. elementary school each year for the past 18 years. They’re moved by his deep devotion to his family -- Lynn, his wife of nearly 30 years, and their two daughters, Becky and Jessie. As a family, they indulge their love of hiking and skiing and canoeing, and their love of America by visiting our national parks.
---
Extracts from Judge Garland's short speech (same link)
JUDGE GARLAND: Thank you, Mr. President. This is the greatest honor of my life -- other than Lynn agreeing to marry me 28 years ago. It’s also the greatest gift I’ve ever received except -- and there’s another caveat -- the birth of our daughters, Jessie and Becky.
As my parents taught me by both words and deeds, a life of public service is as much a gift to the person who serves as it is to those he is serving. And for me, there could be no higher public service than serving as a member of the United States Supreme Court.
My family deserves much of the credit for the path that led me here. My grandparents left the Pale of Settlement at the border of Western Russian and Eastern Europe in the early 1900s, fleeing anti-Semitism, and hoping to make a better life for their children in America. They settled in the Midwest, eventually making their way to Chicago.
There, my father, who ran the smallest of small businesses from a room in our basement, took me with him as he made the rounds to his customers, always impressing upon me the importance of hard work and fair dealing. There, my mother headed the local PTA and school board and directed a volunteer services agency, all the while instilling in my sister and me the understanding that service to the community is a responsibility above all others. Even now, my sisters honor that example by serving the children of their communities.
I know that my mother is watching this on television and crying her eyes out. (Laughter.) So are my sisters, who have supported me in every step I have ever taken. I only wish that my father were here to see this today. I also wish that we hadn’t taught my older daughter to be so adventurous that she would be hiking in the mountains, out of cell service range -- (laughter) -- when the President called. (Laughter.)
It was the sense of responsibility to serve a community, instilled by my parents, that led me to leave my law firm to become a line prosecutor in 1989. There, one of my first assignments was to assist in the prosecution of a violent gang that had come down to the District from New York, took over a public housing project and terrorized the residents. The hardest job we faced was persuading mothers and grandmothers that if they testified, we would be able to keep them safe and convict the gang members. We succeeded only by convincing witnesses and victims that they could trust that the rule of law would prevail.
Years later, when I went to Oklahoma City to investigate the bombing of the Federal Building, I saw up close the devastation that can happen when someone abandons the justice system as a way of resolving grievances, and instead takes matters into his own hands. Once again, I saw the importance of assuring victims and families that the justice system could work. We promised that we would find the perpetrators, that we would bring them to justice, and that we would do it in a way that honored the Constitution. The people of Oklahoma City gave us their trust, and we did everything we could to live up to it.
Trust that justice will be done in our courts without prejudice or partisanship is what, in a large part, distinguishes this country from others. People must be confident that a judge’s decisions are determined by the law, and only the law. For a judge to be worthy of such trust, he or she must be faithful to the Constitution and to the statutes passed by the Congress. He or she must put aside his personal views or preferences, and follow the law -- not make it.
Fidelity to the Constitution and the law has been the cornerstone of my professional life, and it’s the hallmark of the kind of judge I have tried to be for the past 18 years. If the Senate sees fit to confirm me to the position for which I have been nominated today, I promise to continue on that course.
Mr. President, it’s a great privilege to be nominated by a fellow Chicagoan. I am grateful beyond words for the honor you have bestowed upon me. (Applause.)
--- end extracts ----
Here's an interesting New York Times view of this nomination, Obama Chooses Merrick Garland for Supreme Court, http://www.nytimes.com/2016/03/17/us/politics/obama-supreme-court-nominee.html, dated March 16th 2016.
[I thank whitehouse.gov and have presumed that they will not have any objections to me sharing the above extracts from their website on this post which is freely viewable by all, and does not have any financial profit motive whatsoever.]
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